The Second Amendment Vs Gun Control

1904 words - 8 pages

President Barack Obama says we have an “obligation” to try anything that could save one child, but many people find this statement to be ridiculous. Gun control is thought of as a government policy or regulations to control or limit the sale and use of firearms. In the U.S. constitution, the 2nd Amendment states that a well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed. Inside America today, gun control is a major issue, especially in the political arena. People debate on the daily that not all things in society make it a safer place to live. The best intentions of America’s lawmakers often do not achieve the desired outcome; therefore, the nation is somewhat split on the idea of gun control. Some advocate there is too much government, while others feel there is not enough. Gun control may or may not help society as intended; just as giving up your constitutional rights no more ensures a safer environment nor does the gun advocate who follows laws promoting progressive gun safety.
Gun ownership is about your constitutional right: the 2nd Amendment. Many people may be robbed of their right to bear arms. In Maloney v. Cuomo, the Second Circuit panel held that New York’s ban on in-home possession of Nunchaku violated neither the Second Amendment nor—because it was supported by a rational basis—the Fourteenth Amendment (Blackman and Shapiro 17). During United States v. Emerson, that court decided that the Second Amendment protected an individual right. The Emerson court stated explicitly that the Second Amendment “protects individual Americans in their right to keep and bear arms whether or not they are a member of a select militia or performing active military service or training (Blackman and Shapiro 13). People believe in safety of guns, some are for having guns in their possession in their household for protection, while others believe in not having them in your house is the safest way to live. Some people think if they have a gun in their house, they will have a way of protecting themselves in case of an emergency, but while others who are against it believe it is a danger. For example, the gun could end up in the wrong hands, such as a young child. The Constitution of the United States of America is the supreme law of the United States that governs the nation giving America the rights and freedom. In a different context, Professor Amar’s discussion of whether the right to keep and bear arms should be considered a “privilege or immunity” focuses on the Blackstonian notion of the rights of the individual. Liberties held at common law that fell within this concept of individual right constituted privileges or immunities. According to Blackstone, “personal security, personal liberty, and personal property” were the individual rights. Blackstone considered the right of self-preservation to be essential to individual liberty and, as such, the ultimate right....

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